HAROON-UR-RASHEED vs State S — 2021 SCMR 1106 SUPREME-COURT

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HAROON-UR-RASHEED VS State S. 9(c)--- Possession and transportation of 10 kilograms of cannabis---Reappraisal of evidence---Sentence, reduction in---Witnesses were in substantial unison with each other on all the details of the episode---Joint arrest of the accused persons with the vehicle they were travelling in and seizure of contraband therefrom were circumstances heavily looming over their culpability---Forensic report substantially detailed the procedure adopted by the analyst to undertake the analysis, unambiguously confirming the narcotic character of the contraband, a conclusion that went unrebutted/unchallenged during the trial---With accused persons belonging from different backgrounds, the only common ground for their convergence was their illicit pursuit, which by itself confirmed a collaboration for a purpose far from being usual or just---In the totality of circumstances, accused persons had been rightly convicted under S. 9(c) of the Control of Narcotic Substances Act, 1997, however, saddling each accused distinctly with different quantities of the contraband, ranging from 2 to 5 k.g., the case set up by the prosecution itself, spelt out a makeshift union instead of a concerted joint detour, therefore, the sentences of accused persons were to be moulded proportionately---Consequently, while maintaining their conviction, sentences awarded to accused persons were reduced from 10 years imprisonment to a period of 5 years with a corresponding reduction in the fine from Rs. 100,000/ each to Rs.50,000/- each with 6-months simple imprisonment in the event of default---Petitions for leave to appeal were converted into appeals and partly allowed accordingly.

HAROON-UR-RASHEED vs State S — 2021 SCMR 1106 SUPREME-COURT

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